If I were to let the air out of someone's car tyre(s)
1 If I were to let the air out of someone's car tyre(s) on Sun Mar 22, 2015 9:52 pm
2 Re: If I were to let the air out of someone's car tyre(s) on Mon Mar 23, 2015 7:43 pm
MariaOle wrote:If I were to let the air out of someone's car tyre(s) without damaging any part of that car with the car parked on a public highway, have I committed an offence, and if so, which one?
Intentionally letting the air of the tires out is already an offense. Now, if you're the owner of the car and you found out that the tire/s were flat that entails removing the flat tire/s and have it fixed.
Here's a sample question for you to digest.
The penalty for malicious mischief
April 21, 2014 8:40 pm
by Persida Acosta
The employer of my husband filed a complaint for malicious mischief against him. Does the penalty for this involve imprisonment? We don’t know anything about this crime. Please help us.
Malicious mischief is defined as the willful damaging of another’s property for the sake of causing damage due to hate, revenge or other evil motive. To successfully make a person liable for malicious mischief, the following elements must be proved: 1) that the offender deliberately caused damage to the property of another; 2) that such act does not constitute arson or other crimes involving destruction; 3) that the act of damaging another’s property be committed merely for the sake of damaging it (Luis B. Reyes, The Revised Penal Code, Book II (15th Ed.), page 837).
The penalty for the crime of malicious mischief shall depend upon the value and the kind of the property damaged. The kinds of malicious mischief and its penalties are provided in Articles 328, 329 and 330 of the Revised Penal Code, to wit: “Article 328. Special cases of malicious mischief. – Any person who shall cause damage to obstruct the performance of public functions, or using any poisonous or corrosive substance; or spreading any infection or contagion among cattle; or who cause damage to the property of the National Museum or National Library, or to any archive or registry, waterworks, road, promenade, or any other thing used in common by the public, shall be punished:
1. By prision correccional in its minimum and medium periods, if the value of the damage caused exceeds 1,000 pesos;
2. By arresto mayor, if such value does not exceed the abovementioned amount but it is over 200 pesos; and
3. By arresto menor, in such value does not exceed 200 pesos.
“Article 329. Other mischiefs. – The mischiefs not included in the next preceding article shall be punished:
1. By arresto mayor in its medium and maximum periods, if the value of the damage caused exceeds 1,000 pesos;
2. By arresto mayor in its minimum and medium periods, if such value is over 200 pesos but does not exceed 1,000 pesos; and
3. By arresto menor or fine of not less than the value of the damage caused and not more than 200 pesos, if the amount involved does not exceed 200 pesos or cannot be estimated.
“Article 330. Damage and obstruction to means of communication. – The penalty of prision correccional in its medium and maximum periods shall be imposed upon any person who shall damage any railway, telegraph or telephone lines.”
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